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UNITED STATES FIRE INS. CO. v. FUGATE

No. 10-04-00260-CV.

171 S.W.3d 508 (2005)

UNITED STATES FIRE INSURANCE COMPANY, Appellant, v. Tammy FUGATE, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled August 30, 2005.

Attorney(s) appearing for the Case

Jeffery A. Addicks, Hays, McConn, Rice & Pickering, Houston, for appellant.

Mark D. Haas, Haas & Goleman LLP, Conroe, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

Appellee Tammy Fugate obtained a summary judgment against Appellant United States Fire Insurance Company (US Fire) on her Texas Insurance Code Article 21.55 claim for penalties and attorney's fees. US Fire appeals, raising five issues. Because US Fire is entitled to summary judgment on its res judicata defense, we will reverse and render.

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